Dealing with the complex bureaucracy of public administrations is not an easy task, especially if, after completing the procedures of the common administrative procedure, we request an administrative act that is not granted, or we are denied an appeal against one imposed by the administration.
In these cases, it seems that all avenues are closed and we are not properly defended before the administration, but For these situations there is the contentious-administrative resource, which we will talk about in this article.
Administrative law and common administrative procedure
Administrative law is an area of law that deals with the interaction between public administrations (the set of bodies and entities that objectively serve the general interests by executing the laws and providing the corresponding public services) and those administered (referring to the entire population subject to these Public Administrations) and interested (referring to people who promote an administrative procedure or, without promoting it, hold rights that may be affected by the resolution adopted in it).
In this administrative law, the administrative procedure is produced, a system of connected and regulated procedures developed by public administrations to produce, modify, extinguish or execute a final provision: the administrative act, which in turn is a decision made by a public administration in the exercise of its administrative power.
This may seem complex, but what it means is that public administration, which is what we traditionally consider “executive power,” can make decisions in accordance with its competence as long as these are in accordance with a succession of procedures that are in accordance with the different rules that regulate the administrative procedure as well as other laws that affect what the procedure is carried out on..
The administrative act and resources
Let's give an example:
Antonio wants to do a major renovation of his house, which requires a building permit. To obtain a building permit, Antonio will have to go to the competent town hall and start an administrative procedure to request this building permit.
In this procedure there will be several acts, for example, in one of them you can inform Antonio that you need to correct an error in the submitted application, in another you can tell Antonio that you need a report from an architect and in another it will be put to an end. to the procedure, granting or not, the work permit.
The question is, What happens if any of these administrative acts do not respect the rules that affect the process or the general rules that affect construction permits?
For this there are administrative resources.
Administrative acts can be appealed through administrative appeals that will cause the same administration (through the appeal for reconsideration) or another higher one (through an appeal) to review the act that has been appealed and analyze whether all the relevant rules to issue it have been met. being able to uphold or reject the appeal raised.
When we file this appeal We are still a long way from the courtsIt is not the judicial power, but the executive power itself, which is evaluating the conformity of this administrative act with the law.
Thus, The public administration is both “judge and party”, which can sometimes lead to situations of helplessness for the interested party.
When we have presented all possible resources to the administration for a specific administrative act (we call this “exhausting the administrative route”), we have one last option, the Sponsored links.
With this resource we take the controversy out of the administrative sphere and move on to the judicial sphere.
By filing a contentious-administrative appeal, we are initiating a judicial procedure with a neutral judge (the judiciary does not belong to the executive sector, but rather to the judicial sector) who evaluates the positions and arguments of the interested party and the public administration to decide on the administrative act to be carried out. recurs.
Operation of the contentious-administrative appeal
The contentious-administrative appeal is a legal means available to citizens to challenge acts and decisions of the public administration that they consider contrary to the law or harmful to their rights and legitimate interests.
This resource is regulated in the Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction, which establishes the procedures and principles under which these disputes are processed.
This resource applies to final decisions that put an end to an administrative process, but also to other situations such as general provisions of the administration, when the public administration does not act, although it should, or when it carries out actions that go against the law, which which we call the way in fact.
When can a contentious-administrative appeal be filed?
For a decision to be challenged, it must meet two conditions:
- First, must be a real decision of the public administration, whether it is written or assumed to exist.
- Second, that decision must be final, that is, there must be no more steps to take after it or, if there are still more steps, it must have as great an impact as if it were the last decision.
Steps to file a contentious-administrative appeal
The procedure for filing a contentious-administrative appeal follows a series of steps established by law.
- En First, the interested party must submit a filing to the competent court, indicating the factual and legal grounds on which their challenge is based.
- Later, a period of investigation will open in which the parties will be able to present evidence and allegations, and the court will carry out the necessary steps to clarify the facts.
- Finally, a ruling will be issued that will resolve the legality of the contested administrative act, and may confirm it, annul it or declare its nullity.
Another example could be the administrative contentious appeal for nationality.
The contentious-administrative appeal: A tool to defend yourself against the administration
In conclusion, the contentious-administrative appeal is a crucial tool for citizens when they feel aggrieved by decisions of the public administration that they consider contrary to the law or that violate their rights and legitimate interests.
This resource allows them challenge such decisions before an independent tribunal, which will assess the legality of the decisions and make an impartial decision.
It is important to remember that this process follows a series of steps established by law, from the submission of the appeal document to the issuance of a final judgment, thus guaranteeing the protection of citizens' rights against the actions of the administration.
